Bill Summary for S 671 (2013-2014)

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Summary date: 

Apr 4 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 671 (Public) Filed Tuesday, April 2, 2013
Intro. by Tucker, J. Davis.

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Bill summary

Amends GS 120C-101(a), removing the exception for Articles 2, 4 and 8 of this chapter, thereby requiring the State Ethics Commission (Commission) to adopt rules necessary to interpret and administer all of GS Chapter 120C. Also deletes the requirement that the Secretary of State adopt any rules, orders, or forms that were necessary to administer the provisions of Articles 2, 4 and 8.

Changing responsibilities of the Secretary of State to the State Ethics Commission occurs in the following statutes: GS 120C-101(b); GS 120C-200(a), (b), and (c); GS 120C-201(a) and (b); GS 120C-207(a) and (b); GS 120C-210(a); GS 120C-220(a), (b), (c), and (d); GS 120C-401(d), (e), (g), (h), and (j); GS 120C-402(a); GS 120C-403(a); GS 120C-404(a); GS 120C-405(b); GS 120C-502(c); and GS 120C-800(f).

Amends GS 120C-101 by deleting subsections (c), concerning actions to be taken before adopting rules, and (d), concerning objections.

Amends GS 120C-102 by deleting subsections (a1)(3)(conforming change) and (d1) concerning staff sharing information and documents.

Repeals GS 120C-600, concerning the Secretary's powers and duties.

Amends GS 120C-601(a), allowing the Commission to investigate complaints of violations of this Chapter and requiring the Commission to perform systematic reviews of reports required to be filed under Articles 2, 4, or 8 of this Chapter on a regular basis to assure complete and timely disclosure of reportable expenditures.

Amends GS 120C-601(c), adding that complaints of violations of any records accumulated in the performance of a systematic review must be considered confidential records and may be released only by court order.

Amends GS 120C-601, adding subsection (e) requiring the Commission to publish annual statistics on complaints received and systematic reviews conducted under this section. This subsection provides an enumerated list of items to be included and published as public record as defined in GS 132-1(a).

Amends GS 120C-603(a), removing the Secretary of State's authority to investigate complaints of violations of this Chapter.

Amends GS 150B-1(d)(16), deleting Chapter 120C from those exempt from Article 2A of GS Chapter 150B.

Amends GS 138A-24(e), changing "shall" to "may," giving the Commission discretion to prepare a written evaluation of each statement of economic interest relative to conflicts of interest and potential conflicts of interest.

Amends GS 136-202(e), clarifying how the statement of economic interest for a Metropolitan Planning Organization will be completed and filed.

Amends GS 136-211(e), clarifying how the statement of economic interest for a Rural Transportation Planning Organization will be completed and filed.

Includes provisions governing pending actions and proceedings and investigations and audits.  Requires the Commission to adopt existing rules, policies, procedures, and guidance documents; those not re-adopted by December 31, 2013, expire. Transfers specified duties from the Secretary of State to the Commission.

Effective July 1, 2013.